MO Opinion No. 273-2019 2019-12-17

Did the Missouri AG approve the summary statement for the Sedey AVR / absentee voting initiative version 6 (2020-134) under § 116.334 review?

Short answer: Yes. The AG approved the legal content and form of the proposed summary statement under Mo. Rev. Stat. § 116.334. The approval is procedural, not an endorsement of the initiative.

Disclaimer: This is an official Missouri Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Missouri attorney for advice on your specific situation.

Subject

The Missouri AG's review under § 116.334, RSMo, of a proposed summary statement for an initiative petition (version 6, 2020-134) submitted by Mary Anne Sedey to amend Article VIII of the Missouri Constitution to establish automatic voter registration drawn from Department of Revenue driver-and-nondriver-license records.

Currency note

This opinion was issued in 2019. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Plain-English summary

This is one of five companion opinions issued by Attorney General Eric Schmitt on December 17, 2019, reviewing summary statements for the Sedey AVR initiative series. Petitioner Mary Anne Sedey filed multiple versions of a proposed constitutional amendment to add automatic voter registration to Missouri's elections framework. Version 6 addressed automatic voter registration based on Department of Revenue driver and nondriver license transactions.

The Secretary of State drafted a summary statement; the AG reviewed it under Mo. Rev. Stat. § 116.334 for legal content and form. The AG approved.

The approval, the AG noted, "should not be construed as an endorsement of the petition, nor as the expression of any view regarding the objectives of its proponents."

Common questions

Q: How did version 6 differ from the other Sedey versions?

The five versions in the series (5, 6, 7, 9, 10) made small textual variations. Version 6 focused on AVR through Department of Revenue records. Side-by-side comparison of the PDFs would identify the precise textual differences across the series.

Q: What is § 116.334 review?

Missouri's procedure for AG review of the Secretary of State's summary statement for proposed initiatives. The summary appears on petitions and on the ballot. The AG reviews legal content and form, not policy.

Background and statutory framework

See companion Op. 272-2019 for the broader background on the § 116.334 review framework and the Sedey initiative series. Versions 5 (272-2019), 6 (273-2019), 7 (274-2019), 9 (276-2019), and 10 (277-2019) all issued the same day, all approving.

Citations

Mo. Rev. Stat. § 116.334 (AG summary statement review)
Mo. Const. art. VIII (elections)
Companion opinions: 272-2019, 274-2019, 276-2019, 277-2019

Source

Landing page: https://ago.mo.gov/other-resources/ag-opinions/
Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/273-2019.pdf?sfvrsn=2

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

ATTORNEY GENERAL OF MISSOURI
Eric SCHMITT

December 17, 2019

OPINION LETTER NO. 273-2019
The Honorable John R. Ashcroft
Missouri Secretary of State
James C. Kirkpatrick State Information Center
600 West Main Street
Jefferson City, MO 65101

Dear Secretary Ashcroft:

This opinion letter responds to your request dated December 5, 2019, for
our review under § 116.334, RSMo, of a proposed summary statement prepared
for the petition submitted by Mary Anne Sedey regarding a proposed
constitutional amendment to amend Article VIII of the Missouri Constitution,
version 6 (2020-134). The proposed summary statement is as follows:

Do you want to amend the Missouri Constitution to:

e establish automatic voter registration from lists
of eligible adults from the department of revenue
based on driver and _ nondriver license
transactions;

e change current absentee voting by prohibiting a
voter from having to state a reason for being
prevented from going to the polls to vote on
election day; and

e allow in-person absentee voting the weekend
before an election?

Pursuant to § 116.334, RSMo, we approve the legal content and form of
the proposed statement. Because our review of the statement is mandated by
statute, no action that we take with respect to such review should be construed
as an endorsement of the petition, nor as the expression of any view regarding

the objectives of its proponents.
Supreme Conrt Building
207 W. High Street
P.O. Box 899
Jefferson City, MO 65102
Phone: (573) 751-3321
Fax: (573) 751-0774
WWW.ag0.IN0.gov

OP-2019-0307

The Honorable John R. Ashcroft
Page 2

Very truly yours,

Pf fas

ERIC S. SCHMITT
Attorney General

OP-2019-0307